Mahaffey v. McNicoll

This suit was instituted in the district court for Lemhi county to determine the rights of the parties in and to the waters of Pattee Creek. Appellant Mahaffey is the owner of a farm comprising all but a small part of what is known as the old Sharkey ranch. Respondents McNicoll and wife were formerly the owners of the land. In 1918 they conveyed it to one Whitman, who conveyed it to appellant. When McNicoll became the owner of the Sharkey ranch a portion thereof was irrigated with water from Pattee Creek; and, prior to the conveyance to Whitman, McNicoll changed the use of a portion of the…